AMIT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused of commission of offences under Ss. 363, 366-A, 376 of IPC and Sec. 4 of the Protection of Children from Sexual Offences Act (for short, "POCSO" Act), registered vide FIR No. 60 of 2020, dtd. 29/7/2020 at Police Station, Pachhad, District Sirmaur, H.P. He is facing trial before learned Special Judge, Sirmaur District at Nahan.

(2.) The case was registered vide FIR No. 60 of 2020 on the complaint of the father of the victim. It was alleged that the victim was aged about 16 years and 2 months old, when the alleged offence was committed. Petitioner is accused of having taken the victim out of the guardianship of her parents without their consent for purposes of marrying her and had thereafter committed rape on her. As per allegations made in the complaint, on 29/7/2020, the petitioner had taken the victim from her native village via Delhi to Meerut to his house, where, as per victim, the rape was committed upon her. It is further alleged against petitioner that he was already married. The prosecution has already examined 11, out of the total 24 cited witnesses.

(3.) Petitioner has prayed for grant of bail on the ground that he has been in custody for the last more than two years. The trial is not likely to be concluded in near future. Petitioner has, thus, raised the plea of violation of his right to life and personal liberty. As per petitioner, he is entitled for speedy trial, which right has been denied to him. Further, the petitioner has contended that he is innocent and has committed no offence.